Software Support Services

LAST UPDATED: May 6, 2025

This is Mechanical Orchard, Inc.’s (“Mechanical Orchard”) Software Support Services Agreement (“Support Agreement”). It supplements the terms and conditions of any license agreement between Mechanical Orchard and a Customer which references or incorporates this Support Agreement (the “Agreement”). All capitalized terms not defined herein have the same meaning as defined in the Agreement. In the event of a conflict between the terms of this Support Agreement and those of the Agreement, the terms set forth in the Agreement shall supersede and control.

DEFINITIONS
1. “Cloud Service Provider” means a third-party company offering a cloud-based platform, infrastructure, application, or storage services, limited to Amazon Web Services (AWS), Google Cloud Platform (GCP), or Microsoft Azure (Azure).
2. “Error” means an identified failure in the Software to materially conform to the specifications described in the Documentation.
3. “Infrastructure” is the computer resources, networking, and other resources required to run computer systems.
4. “Modification” means any modification of the Software other than as set forth herein.
5. “Release” means the deployment of any of the following: newly available Software upgrades, upgrading dependencies (e.g., open source libraries used within the Software), security patches, bug fixes and other improvements to the Developer Tools. “Release” does not include new Mechanical Orchard software products or services (as determined by Mechanical Orchard), new feature or enhancement development, or general Professional Services.
6. “Report” means the Customer’s initial communication with Mechanical Orchard, requesting Support Services.
7. “Support Request Content” means data provided by Customer to Mechanical Orchard to address a support issue. Support Request Content does not include Customer account or relationship data that Mechanical Orchard uses in connection with a support request, or data collected by Mechanical Orchard to verify the support entitlement or to facilitate any communications.
8. “Support Hours” shall mean 9:00 a.m. to 5:00 p.m. (Pacific time), Monday through Friday. Standard Support Hours do not include local holidays.
9. “Support Services” means installation, operations, and ongoing support services and maintenance for Software as described herein.
10. “Supported Environment” shall mean any hardware and operating system platform which Mechanical Orchard supports for use with the Software
11. “Update” means a subsequent Release of the Software which Mechanical Orchard generally makes available for Software licensees at no additional license fee. Update shall not include any release, option or future product which Mechanical Orchard licenses separately.
PROVISION OF SUPPORT SERVICES
1. Support. Mechanical Orchard shall provide Support Services to Customer (1) commencing upon the Effective Date, (2) during the Subscription Term, and (3) subject to the terms of this Support Agreement, as set forth in Section 5. This Support Agreement will automatically update to Mechanical Orchard’s then-current Support Agreement set forth here upon Customer’s renewal of its Agreement.
2. End of Support Life. Software has reached its End of Support Life when it is no longer supported by Mechanical Orchard (“End of Support Life”). Mechanical Orchard shall publicly post notice of End of Support Life of the affected Software and the timeline for discontinuing support. Mechanical Orchard shall have no obligation to provide Support Services for Software after the End of Support Life.
3. Exceptions. Mechanical Orchard shall have no responsibility under this Agreement to fix any Errors arising out of or related to the following causes:
  1. Customer’s Modification or combination of the Software (in whole or in part);
  2. use of the Software in an environment other than a Supported Environment;
  3. unusual external physical factors such as inclement weather conditions that cause electrical or electromagnetic stress or a failure of electric power, air conditioning or humidity control; neglect; misuse; operation of the Software with any other software, hardware, technology, data, or other materials not in accordance with the manufacturer’s specifications; or causes other than ordinary use;
  4. use of the Software that deviates from any operating procedures as specified in the Documentation;
  5. third party materials other than the interface of the Software with the third party materials;
  6. Cloud Service Provider outages, network failures or network misconfigurations;
  7. Configuration, operation and securing of networks;
  8. Cloud Service Provider systems, environments, data and services that are in Customer’s control;
  9. modified code (in the event that Mechanical Orchard suspects that a reported problem may be related to modified code, Mechanical Orchard may, in its sole discretion, (i) request that the modified code be removed, and/or (ii) inform Customer that additional assistance may be obtained by Customer directly from various product discussion forums or by engaging Mechanical Orchard for consulting services for an additional fee);
  10. intrusion of Customer’s technology, information infrastructure and/or systems by a third party;
  11. any customized deliverables, including diagnostic tools, created by Mechanical Orchard, Mechanical Orchard partners or third-party service providers specifically for Customer as part of consulting services;
  12. lost or damaged data;
  13. security;
  14. Customer integration or ingest of logs and observability data; or
  15. use of the Software with unsupported tools.
UPDATES Mechanical Orchard will provide Updates for the Software as and when developed for general release in Mechanical Orchard’s sole discretion. Mechanical Orchard shall support the most current Update and the immediately preceding release for a period of twelve (12) months. Each Update will consist of a set of programs and files made available on machine-readable media and will be accompanied by Documentation adequate to inform Customer of the problems resolved and any significant operational differences resulting therefrom. Mechanical Orchard is under no obligation to develop any future functionality or enhancements.
END USER RESPONSIBILITIES
1. Customer agrees to promptly report Errors and to communicate with Mechanical Orchard via approved communications methods;
2. Customer shall identify a technical contact who shall cooperate with, provide access to, and otherwise enable Mechanical Orchard to deliver the Support Services, including dedicated resources available to work on a 24x7 basis on SEV-1 and SEV-2 Errors. This access must include the ability to connect to the equipment on which the Software are operating and to obtain the same access to the equipment as those of Customer’s employees having the highest privilege or clearance level. Mechanical Orchard will inform Customer of the specifications of the connection and associated software needed, and Customer will be responsible for the costs and use of said equipment;
3. Customer is responsible for providing access to, the use of and payment for, expenses for Infrastructure used for hosting the Software;
4. Customer is responsible for undertaking the proper supervision, control and management of its use of the Software, including, but not limited to: (a) assuring proper Supported Environment configuration, installation and operating methods; and (b) following industry standard procedures for the security of data, accuracy of input and output, and back-up plans, including restart and recovery in the event of hardware or software error or malfunction;
5. Customer is responsible for proper training of all appropriate personnel in the operation and use of the Software and associated equipment;
6. Customer shall implement corrective procedures provided by Mechanical Orchard;
7. Customer will remain responsible for rotation of any security keys, certificates, and other credentials related to the Software
8. Customer is responsible for the Cloud Service Provider, Customerʼs Supported Environment, data and services that are in the Customerʼs control;
9. Customer is responsible for security related to the Software and Cloud Service Provider, environments, data, and services related to the Software; and
10. Customer shall provide Mechanical Orchard with, and maintain, credentials to accounts necessary to perform Support Services.
REQUESTING SUPPORT
1. Support Services are requested by submitting a support case by sending an email to support@mechanical-orchard.com (only from email addresses that are pre-registered by Mechanical Orchard).
2. Customer will: (i) provide Mechanical Orchard with reasonable detail of the nature of and circumstances surrounding the Error, and (ii) provide Mechanical Orchard with reasonable access to Customer’s environment as necessary to enable Mechanical Orchard to provide Support Services.

ERROR CORRECTION SEVERITY LEVELS AND RESPONSE TIMES Subject to the terms and conditions of this Agreement, Mechanical Orchard shall use commercially reasonable efforts to make the Support Services in this Section available in accordance with the service levels set forth in the table below, which may be subject to reasonable change and republication by Mechanical Orchard after providing Customer with written notice. Mechanical Orchard makes the final determination of whether a request is classified as a bug or feature request as well as the determination of “Severity” of an Error, as defined in the table below. Response times depend on the severity level and the complexity of the Error. Note that target response times are not in any way a target or guarantee of full resolution time. Severity is a measure of the relative impact an Error has on the use of the Software, as defined by Mechanical Orchard, and assigned by Mechanical Orchard and the Customer when opening a Support request. Error severity levels may be re-evaluated upon availability of a workaround. The Mechanical Orchard Technical Support Engineer will use commercially reasonable efforts to respond to a case based on the Severity Level. Target Response Times begin once a case is opened by the Mechanical Orchard Technical Support Engineer and continue during Business Hours until the case is closed.

SEVERITY	TARGET RESPONSE TIME AND EFFORT
SEVERITY ONE means an Error that causes the Software to fail to function and/or crash the system on which the Software is installed.	Response Time: 30 minutes after submitting case. Effort: Mechanical Orchard will use continuous efforts on a 24×7 basis to provide a resolution for any such problem as soon as is commercially reasonable.
SEVERITY TWO means an Error that causes the Software to fail to operate in a material manner but does not render the system on which the Software is installed inoperable.	Response Time: 2 Business Hours after submitting case. Effort: Mechanical Orchard will work during its normal hours of operation to provide a resolution for any such Errors as soon as is commercially reasonable.
SEVERITY THREE means an Error which produces an inconvenient situation in which the Software operates substantially in accordance with the Specifications but nevertheless causes or results in substandard or erratic performance.	Response Time: 8 Business Hours Effort: Mechanical Orchard will use commercially reasonable efforts during Business Hours to provide a resolution for any such Error.
SEVERITY FOUR means an Error which is minor or that is cosmetic in nature and does not result in reduced performance. Level 4 Errors shall be corrected at the next Update, if not otherwise previously corrected.	Response Time: Next Day Effort: Mechanical Orchard will use commercially reasonable efforts during its normal hours of operation to respond to this request.

DATA USE In connection with the provision of Support Services, Mechanical Orchard may review and analyze Support Request Content as set forth in this Section. Mechanical Orchard may access Customer’s Cloud Service Provider environment to collect the necessary logs or validate Customer settings to respond to Customer support requests. To the extent Mechanical Orchard does not have access to any of Customer’s environments, Customer may upload or provide Support Request Content to Mechanical Orchard , such as log files, screenshots relating to or generated in connection with Customer’s Cloud Service Provider infrastructure to assist Mechanical Orchard in providing Support Services. Customer is solely responsible for taking steps necessary to protect any sensitive or confidential information included in Support Request Content including passwords, cryptographic keys or Personal Data. Those steps may include obfuscating or removing such information or otherwise working with MO at the time of submission to limit the disclosure of such information.